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Explosives Act, 2003 (Act No. 15 of 2003)

Chapter 1 : Application of Act and Amendment of Schedule 3

2. Application of Act

 

(1) No person may possess explosives or carry out any activity relating to explosives unless he or she holds a licence, permit or authorisation issued in terms of this Act.

 

(2) Subject to section 26, this Act does not apply to the—
(a) importation, exportation, storage, use, manufacture or transportation of any explosives by the South African National Defence Force or the South African Police Service or to any member of the South African Police Service or the South African National Defence Force while performing official duties and acting in accordance with a lawful instruction;
(b) importation, exportation, storage, use, manufacture or transportation of any explosives by a defence force or police force of any country or any multinational or international defence force or policing agency, which the Minister, after consultation with the Ministers of Defence and Foreign Affairs, by notice in the Gazette exempts from the provisions of this Act, or to any member of such force, service or agency while on official duty;
(c) loading or reloading of ammunition as contemplated in section 93 of the Firearms Control Act, 2000 (Act No. 60 of 2000).
(d) Transfer, storage, transportation, manufacturing, destruction, distribution or any other use of explosives in so far as those activities relate to occupational health or occupational safety and are governed by or under the Mine Health and Safety Act, 1996 (Act No. 29 of 1996), or the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993).
(3)
(a) The Minister may exempt a person from any or all of the provisions of this Act, or from a notice or instruction issued under this Act, if such provision or provisions relate to an occupational health or occupational safety matter and such matter is regulated under the Mine Health and Safety Act, 1996 (Act No. 29 of 1996), or the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993).
(b) Any such exemption may be—
(i) general or particular;
(ii) for any period;
(iii) subject to any conditions aimed at achieving the objectives of this Act;
(iv) amended or withdrawn at any time.

 

(4) In the event of any inconsistency between this Act and any other law in force at the commencement of this Act, other than the Constitution, this Act prevails.